Under What Conditions Can Permanent Residency Be Rescinded?

Permanent residency—commonly known as holding a green card—grants individuals the right to live and work in the United States indefinitely. However, this status is not absolute. It can be revoked or rescinded under specific conditions, especially if the individual violates immigration laws or other legal obligations.

Here are the main conditions under which permanent residency conditions can be rescinded:

1. Fraud or Misrepresentation

If an individual lied, concealed important facts, or provided false information during the green card application process, their residency can be revoked. This includes:

• Fake marriages for immigration benefits
• Misrepresentation of asylum claims
• Use of false documents

Immigration authorities may reopen and reassess a case at any time if fraud is discovered.

Also, read >>  What Documents Are Needed for a Marriage Fraud Waiver?

2. Certain Criminal Convictions

Permanent residents can lose their status if they are convicted of:

• Aggravated felonies (e.g., murder, rape, drug trafficking)
• Crimes involving moral turpitude (e.g., theft, fraud)
• Domestic violence, child abuse, or violation of a protection order

These offences may not only lead to rescission but also to removal (deportation) proceedings.

3. Abandonment of U.S. Residency

If a green card holder is found to have abandoned their residency, their status may be revoked. This typically happens when:

• They remain outside the U.S. for extended periods (usually over 6 months without a re-entry permit)
• They establish a primary home in another country
• They fail to file U.S. taxes as a resident

Even short trips abroad can raise red flags if they appear inconsistent with maintaining U.S. residency.

4. Failure to Remove Conditions (Conditional Residents)

For individuals who received a conditional green card (such as through marriage), failure to file Form I-751 (Petition to Remove Conditions on Residence) within the required timeframe can lead to automatic termination of residency.

5. Security and Immigration Violations

Green card holders may lose their status if they:

• Engage in espionage or terrorism
• Participate in or support terrorist organizations
• Commit immigration fraud in other contexts, such as sponsoring others under pretenses

6. Deportation/Removal Proceedings

Even with a green card, individuals can be placed in removal proceedings before an immigration judge. If found removable based on one of the above grounds, the court can order deportation and strip the person of their permanent resident status.

Conclusion

While permanent residency provides significant rights and protections, it comes with responsibilities. Violating immigration laws, committing serious crimes, or abandoning residency can all result in the loss of your green card. Anyone facing such issues should consult with an experienced immigration attorney to protect their status and understand their legal options.